Legal Question, Sortof

[TopCatGr58]

Hey there Xsives,

Any budding lawyers out there?? Okay, here's the situation and question.

I ordered a laptop from DELL before Xmas, it was delivered 12-20-04 to my work location as requested. But along with the computer I ordered, they also delivered a second laptop, it had my name and delivery info on the UPS label, BUT it had a different person's INVOICE in the plastic sleeve, AND underneath the shipping label addressed to me, was another shipping label addressed to the person on the INVOICE.

I contacted DELL, informed them of THEIR error, and they said they had arranged for it to be picked up by FEDEX, that was Monday. I then called the person and informed him that his computer got mis-delivered to my work place in Virginia, it was supposed to go to Tualatin, OR! HE then contacted DELL, and complained! Fedex never picked it up that week.

After I went back to work the following Wednesday(we closed Mon-Tues) I then called DELL again, talked to a different rep, there weren't any entries with regards to my laptop/order, but there were entries regarding the "other guys" order, how he had called Dell, etc., SO they sent him another laptop. I reconfirmed the pickup information for the mis-delivered laptop, and they again stated that Fedex had the order to pick it up, the rest of the week went by, New Year's weekend, and now, this whole week. They still haven't picked it up.

The wife says that if a company delivers something to you that you didn't request, that you can KEEP IT!? I have gone beyond the normal by contacting DELL twice in an effort to get it returned. IF THEY DON'T Pick it up, can I legally KEEP IT??

[randy]

I don't think you an legally keep it, but I'd lay low for a while and see if they wake up.

Give 'em say, 30 days then I'd keep it for my own.

Randy

[John]

I think that this is a matter of morals. You have done all that you can, short of sending it to the proper owner on your own. Are you near a Fed Ex location? Bring it by and hand it over to them. Get a reciept. Or just sit on it for a while, and let things work themselves out. OR, you could sent it to me, and I'll provide a good home for it.

[xssiveone]

TC, I don't know anything about the legalities of it but you've done more then your part in making 2 phone calls to them about it. Lock it up in your workplace somewhere for a couple of weeks. If they don't come for it, I\start using it... their loss. If they ever do show up for it, "gosh, one day it was gone. I thought you picked it up when I wasn't here"

[strom]

I'd call the guy it was supposed to go to. If he got his OK, then sit on it for a while.
If you called them twice, and nothing happened, then they obviously don't want it.

LP

[desert1]

Cable TV

Thats like asking your cable company to disconnect your cable and after 3 phone calls they still dont dissconnect and never send you a bill, what are you supposed to do shimmy up the pole and snip the wires?
If it does'nt bother your consience TC than keep it and use it, if it does, than parcel it up and send it with the full Xplanation to Dell's head CEO with a copy of the letter to FedX, embarass them into getting there S.H.I.T. (ship hi in transit) together.
Bruce

[RS Thornton]

If it were me I would contact Dell one more time via Email and CC your own email account. I would reference the 2 previous attempts to resolves the issue and tell the company that they need to retrieve the item. Provide a specific date after which you will no longer be resonsible for the item. If they do not retrieve it by that date I think you are free to dispose of the item as you see fit.

[mitch]

He He

If it was me i would be typing this note to u on it as we speak lol..............MITCH

[MartyA]

It is possible that somewhere in the Dell organization someone or some department is being measured against their 'customer returns and complaints'. You might be doing someone a favor by keeping it, after your honest efforts to return it. They might not want it. You got yours, so you won't complain. The other guy got his, HE won't complain. The department that sent it mistakenly won't get it 'returned' back, they probably won't complain.

Just a thought, you didn't click twice on the order form on the 'net, did ya?

As I sit here typing on MY free Dell Inspiron....

[TopCatGr58]

Thanks for the thoughts! My work location is pretty secure, it's a rather small doctor's office, and it's sitting back in the admin section, so I'm not worried about it getting legs!! I'll keep it there for another week or so, and IF they don't come and get it, then I guess I'll take it home! I tried to be the Boy Scout! We get FEDEX shipments almost every day, so I know they know where we are, so if the pickup order got lost at FEDEX, or DELL never really sent one, OH WELL!

Amazingly, I don't really need ANOTHER laptop! The one we got, for the wife, and also for me for when we're downstairs and want to get online, etc., is plenty. I LIKE/LOVE my desktop system that I built 2 years ago! I don't use or need a laptop for my work! I like my real keyboard and MOUSE better than the laptop's flat kb and touchpad! I've got a nice 19" monitor vs. the 14" XGA LCD/TFT?? screen of the laptop! I like my Win98SE much more than the XP home SP2 that came with the laptop! It does have a CDRW/DVD-rom drive, so it's nice to watch movies on vs. those "little" portable DVD players!! My 1.333GHZ AthlonXp and Win98SE with 512DDRam seem so much faster than this CELERON 2.2Ghz running WinXP on 256MB....(will be upgrading to 512 soon), just in opening up programs and using the Windows Explorer? It'll be a nice insurance package against the first laptop we got!

Happily typing on my Desktop FULLSIZE KEYBOARD!
T.C.

[rneal55555]

Hmmm,
My wife could use a new laptop maybe we can worksomethin out.
Russ

[virgin1100xs]

I am interested in a new laptop. PM me.

[dbyers]

I totally agree with John's idea. Take the laptop to the FedEx location closest to you (not a mailbox place that ships everything to everyone but the actual FedEx shipper). Tell them of the mistake and give it to them. Be sure to get some sort of receipt with a FedEx tracking number. Call and e-mail customer service at Dell with a tracking number and give it to them.
Sure a FREE laptop would be great but Carma is Carma and it will come back to reward or hurt you. Plus you would feel like you had done the right thing....May not be the most popular but somethimes right never is.....

[strom]

I have a zen/karma freak for a coworker... and even he would think you're kidding, right?
Don't you need a notebook in your garage for viewing microfiches and service manuals in electronic form?
I had one.... but gave it to a friend who needed it more. For school and stuff.

LP

[John]

Hey TC!! What ever became of the 'Xtra" laptop?